70R-452
RESOLUTION NO.
70H.- 452
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINALLY ACCEPTING THE COMPLETION
AND THE FuRNISHING OF ALL PLANT, LABOR,
SERVICES, ~TERIALS AND EQUIPMENT AND ALL
UTILITIES ~D TRANSPORTATION INCLUDING POWER,
FUEL AND WA~ER, AND THE PERFORMANCE OF ALL
WORK NECESSARY TO CONSTRUCT AND COMPLETE THE
FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE
IbPROVEI.1E:"T OF CQl.lljEI~CIii.L S'rELE'I', F:LzQI\'I Pl~T'li
STF\.EE'I' '1'0 LEIWN S'I'rJ.:,L'l', Ii, TIlE CI'i'Y OF ANAHEIIi},
V~OI:'K ORDEI~ NOS. 1162 and 5201,.
WHEREAS, the City Council of the City of Anaheim did
cause to be published in a newspaper of general circulation,
printed, published and circulated in the City of Anaheim, to
wit: The Anaheim Bulletin, on ~larch 5, and Narch 12,
, 19 70 , a notice inviting sealed
proposals for furnishing the following:
All plant, labor, services, materials and equipment, and
all utilities and transportation, including power, fuel
and water, and performing all work necessary to construct
and complete in a good and workmanlike manner, in strict
accordance with the specifications, plans and drawings
therefor on file in the Office of the City Engineer or
City Clerk of the City of Anaheim, the following public
improvement, to wit: The improvement of Commercial Street,
from patt Street to Lemon Street, in the City of Anaheim,
consistina of excavation; concrete removal; miscellaneous
higHway f~cilitie$l construction of asphalt concrete over
aggregate base and asphalt concrete berm, construction of
P.C.C. curb and gutter, curb, driveways, cross gutter,
spandrel and reinforced slab; adjustment of manholes and
water valve boxes to grade, relocation of railroad spur
track, installation of traffic signals; and appurtenant
work as more particularly set forD1 in the plans and
specifications on file in the Office of the City Clerk
or City Engineer, Work Order Nos. 1162 and 520A.
in accordance with the designs, plans, profiles and specifica-
tions prepared by thp. D~art:mpnt of Public Wqrks
and the notice inviting seale proposals, which sa1d notice
specified that sealed proposals as specified in said notice would
be received up until 2: 00 o' clock P.M. of the 19th day of
March , 19 70 , and which said notice did state and
declare that, pursuant to the provisions of Section 1770 of the
Labor Code, the City Council of the City of Anaheim had ascer-
tained the prevailing rate of wages for each type of labor needed
to execute said contract, and did state that the prevailing hourly
wage scale so ascertained was on file in the Office of the City
Clerk; and
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WHEREAS, on March 19 , 19 70 , at the hour of
2:00 o'clock P.M., the City-C"Ierk and theCity Engineer of
the Cfty of Anaheim did open said sealed proposals received up
to that time for th~ furnishing of all plant, labor, services,
materials and equipment, and all utilities and transportation,
including power, fuel and water, and performing all work neces-
sary to construct and complete, in a good and workmanlike manner,
in strict accordance with the specifications, plans and drawings
therefor on file in the Office of the City Clerk of the City of
Anaheim, the public improvement hereinabove more particularly
described and set forth, in public, in the City Council Chamber
in the City Hall, Anaheim, California, and the City Engineer did
tabulate the result of said sealed proposals and did make a
report to the City Council at its next ------ regular
meeting; and -----------
WHEREAS, the City Council of the City of Anaheim did,
at its next -------- regular meeting, held on the 24th
day of MarCh---;-l9 70, at the hour of 1:30 o'clock
P.M., consider the s~aled proposals submitted for furnishing the
materials and performing the work hereinabove more particularly
described and set forth, and did thereupon find and determine that
the sealed proposal submitted by R. J. NOBLE CO., P.O. Box 620,
Orange~ Calif~rp~~~2669 ___ ~ ~
for the construct1on, 1nstarlat[on ana comp1et1on of sa1d
CQ~r~1~1 Streit~Improvement from Patt to Lem~ Streetsl
W~Q~der No. ~1~2 and 520A hereinabove mentioned
ana-descr1bed, was~-rowest responsfb-re proposal submitted
therefor, and thereupon accepted said bid and did award a contract
to said --_B.a~..&-l1~-.c..Q~--~___T"-;-r-___
Lor furn1sh1ng all plant, labor,
services, mater[als ana-eqUTpment and all utilities and transpor-
tation, including power, fuel and water, and performing all work
necessary to construct and complete, in a good and workmanlike
manner, in strict accordance with the specifications, plans and
drawings, the said public improvement as specified in said notice
inviting sealed propOsals, and did authorize the Mayor and the
City Clerk of the City of Anaheim to execute a contract for and
on behalf of the City of Anaheim with ~ J~ Noole ~O~ .
which sal.d
contractwasduly-made -and-entered!nto on the---~6.th day of
March ' 19 -:LO-; and
WHEREAS, the said ~--.J....t NQble Co.
has furnished alr-prant, labor,
servrces; materIars-ina-equIpment and all utilities and trans-
portation, and performed all work necessary for the construction
and completion, in a good and workmanlike manner, in strict
accordance with the specifications, plans and drawings of said
public improvement as specified in the notice inviting sealed
proposals and in the detailed designs, plans, drawings, and
specifications prepared by the De~rtment of Public Works
, and the contract made and entered into
wIth _~__ by thelCity of Anaheim; and
WHEREAS, the Director of Public Works
has duly certified to the-constructron and compfetfon of sara
public improvement hereinabove mentioned and described, in accord-
ance with the plans and specifications and the contract documents
duly made and entered into with said ~J_~~~l~ Co.
and
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WHEREAS, the City Council finds that said contractor
has completed said public improvement hereinabove more particu-
larly described in accordance with the provisions of the contract
and the contract do~uments, and that notice of completion should
be filed and payment of the balance due said contractor authorized
in accordance with the contract documents.
NOW, THg~FORE, BE IT RESOLVED by the City Council of
the City of Anaheim that all plant, labor, services, materials
and equipment and all utilities and transportation, and the
performance of all work necessary to construct, install and com-
plete, in a good and workmanlike manner, in strict accordance
with the specifications, plans and drawings therefor on file in
the Office of the City Clerk of the City of Anaheim, together
with the appurtenances thereto, said public improvement herein-
above more particularly described and set forth, in the City of
Anaheim, by said cqntractor, be, and the same are hereby accepted,
subject, nevertheless, to all the terms, conditions and provisions
of the contract documents, and that the balance due said con-
tractor for said work be paid to _~__ thirty-five (35) days
from and after final acceptance of said work as evidenced by the
adoption of this resolution, but not sooner than thirty (30) days
after the date of the filing of notice of completion, excepting
only such sum or sums as may lawfully be withheld in accordance
with the provisions of said contract and contract documents.
That acceptance by the contractor of said payments made in accord-
ance with said final estimate shall operate and shall be a release
to the City of Anaheim, its officers, agents and employees from
all claims and liabilities due the contractor for anything done
or furnished or withheld or for anything relating to the work or
any act or neglect of the City, its officers, agents and em-
ployees, excepting only claims against the City for amounts with-
held by the City at the time of such payment.
AND BE IT FURTHER RESOLVED that the Mayor and the City
Clerk of the City of Anaheim be, and they are hereby authorized
to execute and file a notice of completion of said work as
required by law.
THE FOREGOING RESOLUTION is approved and signed by me
this __15~hday of ____~~~~mb~~_, 19 70 .
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MA
~~ ~AN~1tW-
ATTEST:
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CI CLE~~AHEIM
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STATE OF CALIFORNIA )
COUNTy OF ORANGE ) s s .
CITY OF ANAHEIM )
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I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do
hereby certify that the foregoing Resolution No. 70R-452 was intro-
duced and adopted at a regular meeting provided by law, of the City
Council of the City of Anaheim, held on the 15th day of September,
1970, by the following vote of the members thereof:
A YES: COU1f1CILMEN: Clark, Stephenson, Pebley, Thom and Dutton
NOES: COUlfCILMEN: None
ABSENT: COUNCILMEN: None
AND I FURT~R CERTIFY that the Mayor of the City of Anaheim
approved and signed said Resolution No. 70R-452 on the 15th day of
September, 1970.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official seal of the City of Anaheim this 15th day of September,
1970.
(SEAL)
~ ~V~1!_.'_~ .
ITY CLERK OF THE CITY OF ANAHEIM
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do
hereby certify that the foregoing is the original of Resolution No.
70R-452 duly passed and adopted by the Anaheim City Council on
September 15, 1970.
~
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City Clerk
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